D.S Tewatia, J.:— This revision petition is directed against the order date a 6.11.1974 passed by Shri S.D Arora Subordinate Judge Second Class, Kaithal, whereby he dismissed an application moved on behalf of the defendants-petitioners wherein a prayer had been made for adjournment to enable them to produce one Smt. Gardialo as their witness who on the date in question could not be present on account of illness.
2. The learned Subordinate Judge felt that since the medical certificate of the witness had not been produced, the application was not bona fide and the defendants having already secured one adjournment for the same purpose and it having been made clear to them that it would be the last opportunity, they were not entitled to any further opportunity in the matter.
3. The learned Subordinate Judge, however, instead of proceeding with the decision of the case, adjourned the hearing to 14.11.1974, on which date itself, the defendants secured order from this Court for stay of the further proceedings.
4. This revision petition has to be allowed in view of the ratio of the decision in Smt. Dakhri v. Munshi . 1967 69 P.L.R 149., wherein it has been held that in the event of the case instead of being decided, is adjourned by the trial Judge, the defaulting party should be entitled to produce its witnesses on the adjourned date. Of course, in the present case, the eventuality of the proceedings had been stayed, otherwise as per the decision of Narula, J. (as he then was) in the above-said case, the defendants would have been well within their right to produce their witnesses on 14.11.1974
5. For the reasons stated, this revision petition is allowed and it is ordered that the defendants-petitioners shall be entitled to produce their witnesses on the next date of hearing of the case. The parties are directed to appear before the trial Court on 25.8.1975 on which date the defendants shall deposit the process-fee for the summoning of the witnesses for the date to which the case is adjourned by that Court.
6. Revision allowed.